Project Description

The Long-Term Residence Status as a Subsidiary Form of EU Citizenship.
An Analysis of Directive 2003/109

Leiden: Martinus Nijhoff, 2011
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This book studies the implications for third-country nationals of the adoption of the Long-term Residence Directive. This Directive has the potential to become a subsidiary form of EU citizenship that escapes direct control by Member States. Hence, this Directive brings the prospect of transforming Member States’ control over the relationship between territory and population.

In order to arrive at this conclusion, the book looks at its content and at the way in which Member States have implemented some of its most controversial articles. It then explores how the Court of Justice could interpret those articles, taking into account its previous jurisprudence on Turkish workers and EU citizens and calling into question the compliance of several national provisions with EU law.

Cited by the European Commission in COM (2011) 585 final, Report on the application of Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents, Brussels, 28 September 2011.


‘(…) Acosta’s book provides a well written and insightful analysis for anyone interested in European migration policy. And some of the author’s predictions have already been vindicated(…)’
Sabina Anne Espinoza, European Law Review, 39 (2014), pp. 438-441.
‘(…) the book is a highly valuable contribution to the literature on EU Migration Law. By providing an in-depth and comparative evaluation (…) the book constitutes an important reference tool for the future interpretation of long-term residence status in the EU. The normative approach combined with a detailed analysis of national legislative provisions makes it a valuable read not only for academics, but also for policy-makers and practitioners, not least EU legislators and judges themselves.’
Anja Wiesbrock, European Journal of Migration and Law, 15 (2013), pp. 229-231.
‘It is also notable how the author combines the theoretical perspective with an eminently practical vision, frequently deepening in the political motivations which complements the technical and legal analysis and enriches the monograph by the wide use of multidisciplinary literature’).
Sara Iglesias Sánchez, Revista de Derecho Comunitario Europeo, 16 (2012), pp. 744-746.

Table of contents:

Section I. Introduction, Methodology and Key Concepts

  1. Chapter: Preliminary Concepts
    1. Introduction
    2. What is meant by European Union?
    3. The “Legal Other”
    4. The Concept of the “Legal Other” in this Book
    5. Outline of the Book and Research Questions

Section II. Historical Evolution of EU Migration Law

  1. Chapter: The Involvement of the EU in Migration Regulation: From Amsterdam and Tampere to Lisbon and Stockholm
    1. Introduction
    2. Why the EU Became Involved in Migration Regulation
    3. The Regulation of Immigration in the European Community before Amsterdam (1957-1999)
    4. The Adoption of the Treaty of Amsterdam and the Tampere Programme (1999-2004)
    5. The Adoption of the Hague Programme (2005-2009)
    6. The Lisbon Treaty and the Stockholm Programme: What is the Future of Migration Regulation?
    7. Conclusion
  2. Chapter: The Adoption of the Long-Term Residence Directive
    1. Introduction
    2. The Importance of Adopting a Directive on Long-term Residents
    3. The Historical Antecedents
    4. The Process of its Adoption
    5. The Main Elements of the Adopted Directive
    6. The Key Provisions in the Directive
    7. Conclusion

Section III. The Content of the Long-term Residence Directive

  1. Chapter: Scope of the Directive: Article 3
    1. Introduction
    2. The Scope of the Directive
    3. Limitations
    4. Implementation
    5. Possible Interpretation by the CJEU
    6. Conclusion
  2. Chapter: Protection against Expulsion: Article 12
    1. Introduction
    2. Expulsion
    3. Comparison with the Commission’s Proposal and Directive 2004/38
    4. Implementation
    5. Possible Interpretation by the CJEU
    6. Conclusion
  3. Chapter: Residence in Other Member States: Article 14
    1. Introduction
    2. The Possibility to Reside in another Member State
    3. Limitations
    4. Implementation
    5. Possible Interpretation by the CJEU
    6. Conclusion;

Section IV. The Integration Conditions

  1. Chapter: Origin and Development of the Integration Conditions
    1. Introduction
    2. The Origins of Integration Conditions: Citizenship Legislations
    3. Integration in Other European Instruments: the Family Reunification Directive
    4. Conditions for Acquiring Long-term Residence Status
    5. The Integration Conditions
    6. Implementation
    7. Conclusion
  2. Chapter: Political Motivations for the Introduction of Integration Requirements
    1. Introduction
    2. A Categorisation of the Political Motivations for the Introduction of Integration Conditions in order to Acquire Long-term Residence Status
    3. Conclusion
  3. Chapter: Possible Interpretation of the Integration Conditions by the CJEU
    1. Introduction
    2. Possible Steps in the Interpretation of the Integration Conditions
    3. The CJEU’s Ruling in Chakroun
    4. Conclusion;

Section V. Conclusion

  1. Chapter: Conclusion
    1. Is the European Union Construction a “Legal Other”?
    2. Policy Recommendations


  1. Books and Articles
  2. Table of Cases
  3. Legislative and Policy Acts
  4. Journal Articles